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AMERICAN CIVIL LIBERTIES U. v. CITY OF BIRMINGHAM

No. 84-1637.

791 F.2d 1561 (1986)

AMERICAN CIVIL LIBERTIES UNION, and Micki Levin, Plaintiffs-Appellees, v. CITY OF BIRMINGHAM, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 11, 1986.

Attorney(s) appearing for the Case

Jon H. Kingsepp, Beier, Howlett, Hayward, McConnell, McCann, Jones, Kingsepp, Shea, Charles J. Porter (argued), Bloomfield Hills, Mich., for defendant-appellant.

Daniel J. Popeo, George Smith, Washington, D.C., amicus curiae (Washington Legal Foundation).

James Schuster, Robert A. Sedler (argued), Detroit, Mich., for plaintiffs-appellees.

Before LIVELY, Chief Judge, and MERRITT and NELSON, Circuit Judges.

LIVELY, Chief Judge.

This First Amendment case involves the Christmastime display of a city-owned creche, or nativity scene, on the front lawn of the city hall of Birmingham, Michigan. Much of the argument before the district court concerned the application to this case of the Supreme Court's decision in Lynch v. Donnelly, 465 U.S. 668, 104 S.Ct. 1355, 79 L.Ed.2d 604 (1984). In Lynch the Court found no First Amendment...

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